T. AMARNATH GOUD, ARINDAM LODH
Biswajit Das – Appellant
Versus
Gita Das – Respondent
JUDGMENT
T. Amarnath Goud, J. - This is an appeal filed under Section 28 of the HINDU MARRIAGE ACT , 1955 against the Judgment and Decree dated 10.12.2018 and 20.12.2018 respectively passed by the learned Judge, Family Court, West Tripura, Agartala in Case No. T.S. (Divorce)83 of 2012, whereby, the divorce petition filed by the appellant herein was dismissed.
2. The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that the marriage between the appellant here, Sri. Biswajit Das, and the respondent-Wife, Smt. Gita Das was solemnized at the parental house of the respondent at Narshingarh, Agartala on 30.01.2009 as per Hindu rites and customs and after observing all necessary formalities of Hindu Marriage. After marriage, the respondent-wife herein, Smt. Gita Das went to her in-laws' house in Beltai Road No. 12 and started to live along with her husband peacefully for a few days. But, after 15 days of their marriage, the respondent went to her parent's house at Narshingarh without the consent of the appellant-husband and after 3 to 4 days, she returned back to her in-laws' house. Thereafter, on several occasions, she used to visit
The burden of proof for cruelty and desertion lies with the petitioner, and failure to substantiate claims results in dismissal of the divorce petition.
The court upheld the divorce decree based on the husband's substantiated claims of misbehavior and non-compliance by the wife, awarding alimony and maintenance.
Mutual consent for divorce, along with agreed terms of alimony, is sufficient for dissolution under the Hindu Marriage Act, provided both parties are in agreement.
Court affirmed alimony and maintenance obligations based on husband's financial capacity, while adjusting wife's alimony due to changed circumstances.
The court affirmed that irretrievable breakdown of marriage justifies granting divorce, emphasizing the need to ensure stability and support for the dependents involved.
The court upheld the divorce decree citing cruelty and desertion while establishing the obligation for permanent alimony, barring further maintenance claims upon payment.
A marriage can be dissolved on the grounds of cruelty and desertion when a spouse has left without justification, coupled with claims of mental disorder.
Refusal of sexual relations may constitute mental cruelty in divorce cases, yet sufficient evidence is essential to substantiate such claims for a decree.
Unsubstantiated claims of cruelty do not justify overturning a divorce decree, especially when separation and mutual conflicts exist.
Judicial separation serves as an appropriate remedy over divorce in cases of mutual consent among senior parties facing prolonged domestic discord.
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